§ 19.126 — Duarte Zoning Code

19.126.020 - Applicability. ¶

A.

Variances. The Commission may approve a Variance that allows for any adjustment from any of the development standards required by this Development Code only after first making the findings specified in Section 19.126.040 (Findings and Decision), below.

B.

Administrative variances. The Director may approve an Administrative Variance for only those items specified in Table 7-3 (Types of Administrative Variances Allowed), below, and only after first making the findings specified in Section 19.126.040 (Findings and Decision), below.

TABLE 7-3 TYPES OF ADMINISTRATIVE VARIANCES ALLOWED
Types of Administrative Variances Allowed	Maximum Variance
1. Allowable height of a fence, hedge, or wall. An increase of the allowed maximum height of a fence, hedge, or wall located within a side or rear setback.	Up to eight feet
2. Distances between structures. A decrease of the minimum required distances between detached accessory structures and main structures on the same site.	20 percent
3. Existing structure and new addition location. Allowing an existing structure constructed before the purchase by the present owner, and any new addition(s) to that structure, to be located up to the closest/adjacent property line, subject to Fire Code regulations.
4. Setbacks. A decrease of the minimum required setback areas (e.g., (front, side, street side, and rear) for structures.	10 percent

19.126.030 - Application filing, processing, and review. ¶

A.

Filing. An application for a Variance or Administrative Variance shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Variance or Administrative Variance applications,

together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.126.040 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 19.112.070 (Initial Review of Application).

B.

Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.

C.

Notice, hearings, and appeals.

1.

Variances—Public hearing required. A public hearing shall be required for the Commission's decision on a Variance application.

a.

Scheduling hearing. The public hearing shall be scheduled once the Director has determined the application complete.

b.

Giving notice. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

c.

Appeals. The Commission's decision is appealable to the Council in compliance with Chapter 19.144 (Appeals).

2. Administrative variances.

a.

Public hearing required. Notice of the public hearing for an Administrative Variance application shall be mailed not less than five days before the date set for the hearing to the owners of all abutting property, using for this purpose the last known name and address of the owners as shown on the latest adopted tax roll of the County.

b.

Appeals. The Director's decision is appealable to the Commission in compliance with Chapter 19.144 (Appeals).

19.126.040 - Findings and decision. ¶

A.

Responsibility. The applicable review authority shall approve or deny Variance and Administrative Variance applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required this Section.

B.

Applicable review authority. Variances and Administrative Variances may be approved in compliance with the following:

1.

Commission. The Commission may approve Variances in compliance with this Chapter and State law.

2.

Director. The Director may approve Administrative Variances, or may defer action and refer the application to the Commission for review and final decision, in compliance with this Chapter and State law.

C.

Authorized actions. The review authority shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with Government Code Section 65906 or as that Section may be amended from time to time.

D.

Required findings. The review authority may approve a Variance or Administrative Variance application only after first making all of the following findings:

1.

There are special circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning classification;

2.

Strict compliance with Development Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;

3.

Approving the Variance or Administrative Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and

4.

The requested Variance or Administrative Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.

19.126.050 - Denial of administrative variance. ¶

The Director's decision to deny an Administrative Variance application shall not prohibit or affect the right of the applicant to file an application for a Variance in compliance with Subsection 19.126.020 A. (Variances), above.

19.126.060 - Precedents. ¶

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance or Administrative Variance is not admissible evidence for the approval of a new Variance or Administrative Variance.

19.126.070 - Burden of proof. ¶

The burden of proof to establish the evidence in support of the findings, required by Section 19.126.040 (Findings and Decision), above, is the responsibility of the applicant.

19.126.080 - Conditions of approval. ¶

In approving a Variance or Administrative Variance application, the applicable review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 19.126.040 (Findings and Decision), above.

19.126.090 - Post-decision procedures. ¶

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Variance or Administrative Variance application.

Chapter 19.128 - ZONING CLEARANCES

Sections: